McKinney v. Ryan, 09–99018.

Decision Date12 March 2014
Docket NumberNo. 09–99018.,09–99018.
Citation745 F.3d 963
PartiesJames Erin McKINNEY, Petitioner–Appellant, v. Charles L. RYAN, Respondent–Appellee.
CourtU.S. Court of Appeals — Ninth Circuit

OPINION TEXT STARTS HERE

Ivan K. Mathew, Susan T. Mathew, Esquire, Mathew and Associates, Phoenix, AZ, for PetitionerAppellant.

Jon Anderson, Esquire, Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, for RespondentAppellee.

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35–3. The three judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judges Silverman, Murguia and Hurwitz did not participate in the deliberations or vote in this case.

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8 cases
  • McKinney v. Ryan
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 29 Diciembre 2015
    ...McKinney v. Ryan, 730 F.3d 903 (9th Cir.2013). We granted rehearing en banc and withdrew our three-judge panel opinion. McKinney v. Ryan, 745 F.3d 963 (9th Cir.2014). In his federal habeas petition, McKinney challenges both his conviction and sentence. We agree with the decision of the thre......
  • Hedlund v. Ryan
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 24 Abril 2014
    ... ... 1 (9th Cir.2012); Moses v. Payne, 555 F.3d 742, 746 n. 1 (9th Cir.2008).         Beginning February 28, 1991, James Erin McKinney and Charles Michael Hedlund (Defendants) commenced a residential burglary spree for the purpose         [750 F.3d 797] of obtaining cash or ... ...
  • Rosebrock v. Mathis
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 14 Marzo 2014
  • Estate of Saunders v. Comm'r
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 12 Marzo 2014
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